The aim is to overcome barriers & conflict, to support individuals & groups to reach agreement.  In the context of Wills, these are often not made and issues not disucussed because it is too difficult to find a way to address the complex and sensitive issues within families.  Mediation can help you navigate the sensitive and emotional aspects of these difficulties in a safe, secure space that is confidential.  Mediation skills are very flexible so can be applied in a wide variety of situations.

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Mediation can support each of our planning services as needed.  It can be fast and cost effective with a resolution at a known price within a known time frame.

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Mediation can avoid or bring an end to: 

1  enormous cost of court;

2  heartache and stress;

3  the long time court action takes;

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We are accredited in both Civil and Commercial Mediation as well as Interpersonal/Facilitative Mediation.  We can offer a wide ranging skill set.

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Mediation can be used for any area requiring agreement and/or settlement, aiming to overcome hurdles & reach a conclusion.  In the context of Wills, Life Care, &  Inheritance Planning, it can help with decisions that need agreement such as :

- an obstacle that prevents agreement to move forward  

- issues surrounding the validity of a Will

- the Will being contested and/or claimed upon

- succession planning

- multigenerational living

- health care decisions

- living will and terminal illness decisions,

- health and financial power of attorney matters

- Right to stay and die at home considerations and more. 

- Wish to prevent relationship fractures & upset or legal

  proceedings

- Wish to avoid the burden of a decision falling on to one

  person so that joint agreement can be reached

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Mediation can be used Before & After Wills:

​Before:  address the difficulties preventing you from making your Will or any other plans.  Not reaching agreement risks intestacy (no Will made)

​After:  where there are various issues challenging the validity of a Will following a bereavement or [unexpected] claims to a Will.  Facilitate agreement, addressing the unhappiness and conflict after the Will is effected. 

Also applies to unsatisfactory situations after someone dies without a Will.

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Contested Wills are increasingly common from unhappy beneficiaries or those left out.  The law no longer accepts, without consideration, everything "going to the cats" although our testamentary freedom remains.

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Unlike a Court it does not aim for a win/lose situation Mediation always works towards a win/win outcome.  Sometimes its the first time someone else's viewpoint has been heard.

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Nothing raised can be used in court unless you expressly desire it, for example the resulting agreement.

Agreements can be reached that the court do not have the power to order or reach.  It is much more flexible.  The court system now encourages or expects it.  In fact in certain situations it is now mandatory.

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Mediation can be free of lawyers and courts.  Whether its facilitative or transformative mediation, or where agreements and settlements are reached such as in civil or commercial mediation, the process allows your mediation to be as it needs.  Whichever form it takes, It guarantees everyone is heard with an equal voice. 

 

It is so flexible and successful, there are now a number of hybrid versions of mediation that may include your lawyers or professionals to the extent that lawyers may use a form of ADR within their own matters.

 

However, independent mediation's flexibilty remains and so does the confidentiality, neutrality and impartiality of an independent mediator.  Consider negotiating and settling a grievance or complaint, which might include avoiding looming court or settling a financial claim.

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Essentially, your unique situation and particular conflict or barrier can usually be addressed. 

Please be aware, that no matter how hopeless it may seem, mediation still has a high chance of improving the situation and often provides the platform for ongoing resolution.  Its benefits can be far reaching. 

 

Our expertise in this area aims to move you forward.  Please call and see if we can help.

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It has 85%  - 95% success.  Little else can claim that.

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Is it ever OK to refuse mediation?

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More about the Mediation process

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